West Hawaii Today
Notice #: 0001458391-01

NOTICE OF FORECLOSURE 73-4876 Anini St, Kailua Kona, HI 96740 TMK (3) 7-3-047-112-0000 Notice is hereby given that pursuant to the Findings of Fact, Conclusions of Law; Order Granting Plaintiff’s Motion For Summary Judgment and For Interlocutory Decree Of Foreclosure Filed November 20, 2023; Exhibit A, BANK OF NEW YORK MELLON, vs. DEAN R. GILPIN, et al Defendants; Civil No. 3CCV-19-0000069 (Foreclosure) in the Circuit Court of the Third Circuit, State of Hawaii, the undersigned Commissioner has been appointed to sell the above described property at public auction as follows: Property Description: 4 BR, 4 BA, 2710 sq. s)ft. single family residence, garage, 46,217 sq. ft, lot (1.061 acres) Open Houses: Saturday July 6th and 13th, 2024 11:00 a.m. to 2:00 p.m. Auction: Friday July 26, 2024, at 12:00 p.m. at the flagpole fronting the CIRCUIT COURT OF THE THIRD CIRCUIT-KONA DIVISION, 74-5451 Kamakaeha Ave, Kailua Kona, HI 96740. TERMS OF SALE: Property is to be sold “AS IS” to the highest bidder with no upset price. Not less than ten percent (10%) of the highest successful bid price in cash, money order, cashier’s check or by certified check must be deposited with Commissioner at the close of auction, provided that Plaintiff may satisfy the down payment by way of offset up to the amount of its secured debt. Prior to bidding any person not authorized to credit bid must show the Commissioner the present ability to make the required down payment in such form immediately upon the close of bidding. The balance of the purchase price shall be paid to the Commissioner upon approval and confirmation of the sale, provided that if Plaintiff is the purchaser, Plaintiff may satisfy the balance of the purchase price by way of offset up to the amount of its secured debt. At the Court’s discretion, the 10% down payment may be forfeited in full or part if the purchaser shall fail to pay the balance of the purchase price upon Court confirmation. All costs and expenses of closing including the costs of conveyance, preparation of the conveyance document, conveyance tax, escrow and recording fees, any proof of title or title insurance, and notary fees, as well as other costs of securing possession of the Mortgaged Property, shall be the responsibility of and paid by the purchaser. Neither the availability of the title insurance nor securing possession of the Mortgaged Property shall be a condition of closing. SALE IS SUBJECT TO COURT CONFIRMATION. ALL INFORMATION IN THIS NOTICE SHOULD BE INDEPENDENTLY VERIFIED BY PURCHASER BEFORE BIDDING. For further legal description, information and/or photographs contact VICTOR M. COX, Commissioner, P.O. Box 2105, Kailua-Kona, HI 96745 (mailing), e-mail: victorlaw4@aol.com, phone (808) 731-5860 VICTOR M. COX, Commissioner (1458391 6/28, 7/3, 7/11/24)